BOH 38.2020 Approve Graziano App Sewer Variance
RESOLUTION APPROVING JOHN GRAZIANO’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 38, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, John Graziano (Applicant) filed an application for a variance from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a replacement
wastewater system with the leaching system to be located 80’ from a neighboring well in lieu of the
required 100’ setback on property located at 2 Sunset Lane in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance request on Monday, September 14, 2020, and
WHEREAS, the Applicant has sold the premises to Mario and Patricia Kowalczyk who will
make the necessary wastewater system improvements, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variance, the Local Board of Health determines that the
variance would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of John
Graziano for a variance from the Sewage Disposal Ordinance to install a replacement wastewater
system with the leaching system to be located 80’ from a neighboring well in lieu of the required 100’
setback on property located at 2 Sunset Lane in the Town of Queensbury and bearing Tax Map No:
226.19-2-17 and authorizes the transfer of the variance to the new property owners, Mario and Patricia
Kowalczyk, contingent upon the new property owners complying with the Town’s Septic Transfer
Law to the satisfaction of the Town’s Director of Building and Codes Enforcement, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park
Agency during such period.
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Duly adopted this 14 day of September, 2020, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None